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:: :: P.O. Box 2574 Fido Net 1:352/333 :: :: Olympia, WA 360-786-9629 :: :: 98507-2574 USA The Quarto Mundista BBS :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DOCUMENT: SKLALLAM.TXT C O N S T I T U T I O N OF THE JAMESTOWN S'KLALLAM TRIBE OF INDIANS PREAMBLE We, the Indians of the Jamestown S'Klallam Tribe, create and adopt this constitution for the Jamestown S'Klallam Tribe for the purpose of forming a better tribal government, establishing a tribal community organization, promoting the social and economic well-being of our people, securing our aboriginal land and any and all natural resources therein, preserving our culture and institutions, fostering justice and freedom, and advancing our mutual welfare. ARTICLE I NAME AND TERRITORY SECTION 1. NAME: The legal name of the tribal organization shall be the Jamestown S'Klallam Tribe of Indians. SECTION 2. TERRITORY: The territory and jurisdiction of the Jamestown S'Klallam Tribe shall extend over the following to the fullest extent possible under Federal Law: a. All lands, waters, property, airspace, other natural resources and any interest therein either now, or in the future, owned by the Tribe or individual tribal members held in trust status or located within the boundaries of a reservation which may be proclaimed for the Jamestown S'Klallam Tribe, notwithstanding the issuance of any patent or right-of-way; b. All persons, property and activities located or found within the Tribe's jurisdiction; c. All members exercising or purporting to exercise any rights reserved by the Tribe under the Treaty of Point No Point concluded January 26, 1855 (12 Stat. 933) and all property or activity to the extent necessary to implement and protect all rights and powers reserved or granted to the Tribe by the Treaty of Point No Point, the United States Constitution or other Federal Law. SECTION 3. HUNTING AND FISHING RIGHTS: Nothing in this Article shall restrict the exercise of hunting and fishing rights reserved by the Tribe under the Treaty of Point No Point including the right to hunt on all open and unclaimed lands, and to fish at all of the Tribe's usual and accustomed grounds and stations. ARTICLE II MEMBERSHIP SECTION 1. The membership of the Jamestown S'Klallam Tribe shall consist of the following: a. All persons whose names appear on the list of members submitted by the Jamestown S'Klallam Tribe in its petition for Federal acknowledgment as an Indian tribe pursuant to 25 CFR Part 54 (1978), who met the membership criteria specified in the petition. The Tribal Council may correct the list subject to approval by the Secretary of the Interior. b. All lineal descendants of persons who qualify for membership under subsection 1 (a), above; provided, that such descendants possess at least one-fourth (1/4) degree Jamestown S'Klallam blood. SECTION 2. LIMITATION: No person shall qualify for membership in the Jamestown S'Klallam Tribe who is a member of any other organized tribe, band, or Indian community officially recognized by the Secretary of the Interior, unless he or she has relinquished in writing his or her membership in such tribe, band or community. SECTION 3. ADOPTION: The Tribal Council shall have the power to enact ordinances governing the adoption of persons as members who have a significant community relationship with the Jamestown S'Klallam Tribe. Adoption ordinances shall be subject to approval by the Secretary of the Interior. SECTION 4. REGULATION OF MEMBERSHIP: The Tribal Council shall have power to enact ordinances regulating membership as to admission and loss of membership; provided, that any person who may lose his or her tribal membership is entitled to a hearing before the Tribal Council and to adequate notice of such hearing. ARTICLE III TRIBAL COUNCIL SECTION 1. The representative governing body of the Jamestown S'Klallam Tribe shall be known as the Jamestown S'Klallam Tribal Council. SECTION 2. MEMBERSHIP: The Tribal Council shall consist of five (5) members duly elected to serve two (2) year terms whose terms shall be staggered as provided in Section 3. Tribal Council members shall remain in office until their successors are duly elected and installed. SECTION 3. TRIBAL OFFICERS: The Tribal Council shall consist of (1) a Chairperson, (2) a Vice-Chairperson, (3) a Secretary, (4) a Treasurer and (5) a Councilperson. The Tribal Council may appoint such other officials and committees as are considered necessary, however, those appointees shall have no vote in the deliberations of the Tribal Council. The Chairperson and the Secretary shall be elected in odd-numbered years and the Vice-Chairperson, Treasurer and Councilperson shall be elected in even- numbered years. All members of the Tribal Council at the time this Constitution becomes effective, shall continue to serve until the end of their terms. SECTION 4. QUORUM: Three (3) members of the Tribal Council shall constitute a quorum. ARTICLE IV GENERAL COUNCIL SECTION 1. COMPOSITION: The General Council shall be composed of all tribal members who are duly registered to vote. SECTION 2. POWERS: The powers of the General Council shall be as follows: a. electing Tribal Council members in accordance with Article V b. deciding on initiative, referendum and recall issues in accordance with Article V c. adopting or rejecting constitutional amendments in accordance with Article X d. dealing with those matters not expressly delegated to the Tribal Council by Section 1 of Article VII. SECTION 3. ANNUAL MEETING: The Tribal Council shall determine the exact date of the annual meeting which shall be held on one (1) of the last two (2) Saturdays of September or the first two (2) Saturdays of October. Advance notice of the meeting shall be given as directed by the Tribal Council. SECTION 4. SPECIAL MEETINGS: Special meetings of the General Council may be called by the Tribal Chairperson with at least fifteen (15) days advance notice posted in public places where tribal members frequent and other appropriate means that may be required by action of the Tribal Council. Special meetings shall be called by the Tribal Chairperson upon his/her receipt of a written request signed by at least three (3) of the five (5) members of the Tribal Council. If the Chairperson fails to call the requested meeting, one (1) of the three (3) requestors shall be empowered to call and conduct that session. SECTION 5. QUORUM: Twenty-five (25) members of the General Council shall constitute a quorum for purposes of conducting business; provided, that a quorum shall not be required for the election of tribal officials. ARTICLE V TRIBAL ELECTIONS SECTION 1. VOTER QUALIFICATIONS: Duly enrolled tribal members shall be qualified to vote only if they meet the following conditions: a. must be at least eighteen (18) years of age on the date of the election, and; b. must be duly registered pursuant to the tribe's voter registration system. SECTION 2. QUALIFICATIONS FOR CANDIDATES: Those who meet the following requirements, are eligible to become candidates for either elective or appointive office; provided, that if they have been convicted of a felony, at least five (5) years must have passed since completion of the penalty for such offense (Penalty shall include any period of restriction on civil rights): a. must be registered to vote pursuant to Section 1(b) above, b. must be at least twenty-one (21) years of age on the date of the election. SECTION 3. ELECTION DATES: Regular elections for the Tribal Council shall be held in conjunction with the annual meeting of the Tribe's General Council as provided in Section 3 of Article IV. SECTION 4. ELECTION BOARD: The Tribal Council shall appoint an Election Board whose three (3) members shall serve for three (3) year staggered terms of office. Election Board members shall be subject to removal from office only for cause in the manner set forth in Article VI. The Election Board shall be responsible for impartially carrying out the provisions of the election ordinance described in Section 5 of this Article. No person who holds any elective or appointive tribal office, or is a candidate for such office, shall serve on the Election Board. SECTION 5. ELECTION PROCEDURES: The Tribal Council shall enact an election ordinance, consistent with this Constitution, setting forth the procedures to be followed in conducting each of the various types of tribal elections called for in this Constitution. The ordinance shall include mandatory provisions for secret balloting, voter registration, maintaining a current list of qualified voters, absentee voting, screening of prospective candidates, and settling election disputes. Further, the ordinance shall spell out the procedure and format to be used whenever it is necessary to submit petitions and describe how such petitions are to be determined valid. SECTION 6. INITIATIVE: The qualified voters may propose legislation by submitting to the Tribal Council, a petition signed by at least one-third (1/3) of the registered voters. Each page of the petition shall contain a description of the proposed enactment. Within thirty (30) days from the Tribal Council's receipt of a valid petition, the Chairperson shall call an election to be held in conjunction with a special meeting of the General Council, making provision for absentee balloting; provided, that if an initiative petition is received within ninety (90) days before the annual meeting of the General Council, the initiative election shall be delayed until that time. A majority of those who vote shall decide the issue; provided, that at least one- third (1/3) of the registered voters cast ballots on the proposed legislation. The decision of the voters shall be binding on the Tribal Council and the Tribe and shall remain in force until amended or rescinded by subsequent action by the voters, or expire by its own terms. SECTION 7. REFERENDUM: The Tribal Council, by an affirmative vote of at least three (3) of its members, shall call an election to be conducted within forty-five (45) days of such Tribal Council decision, for the purpose of deciding issues or questions that are either within the authority of the General Council or those powers vested in the Tribal Council. An affirmative vote by at least a majority of those who vote shall be necessary to decide the issue or question; provided, that-no less than one-third (1/3) of the registered voters cast ballots in that election. The decision of the voters shall be binding in the same manner as provided in Section 6 of this Article. SECTION 8. RECALL: Upon receipt of a valid petition signed by at least one -third (1/3) of the registered voters requesting the recall of an individual official holding an elective office, it shall be the duty of the Tribal Council to call a special election to vote on the recall of that official. Such election shall be held within forty-five (45) days of receipt of the valid petition; provided, that if the petition is submitted within six (6) months of the next annual election, the Tribal Council may direct that the matter be placed on the ballot for that election. If a majority of those actually voting favor the recall of the official, the office shall be declared vacant and filled in accordance with Section 2 of Article VI. No individual shall be subjected to recall more than once during his/her term of office. ARTICLE VI REMOVAL FROM OFFICE AND FILLING VACANCIES SECTION 1. REMOVAL: a. Should any of the following circumstances occur involving a Tribal Council member, the remaining members of the Tribal Council may by resolution remove such person from office: 1. Failure to satisfy the requirements for holding office in Article V, Section 2; 2. Absence from three (3) successive Tribal Council meetings without good reason; 3. Gross misconduct in office, neglect of duty or conviction of a felony after his or her election; 4. Becoming physically or mentally incapable of performing his or her duties. b. Any Tribal Council member subject to removal shall, before a vote is taken, be provided with reasonable and detailed written notice of the charges against him or her and with a fair opportunity to reply to such charges and present evidence on his or her behalf at an open hearing called for that purpose. At least three (3) of the remaining members of the Council must vote in favor of removal to make it valid. The chairperson shall be permitted to vote if he/she is not object of removal proceedings. SECTION 2. FILLING OF VACANCIES: If any vacancies occur due to removal, recall, resignation or death, the Tribal Council shall appoint a new member, who qualifies pursuant to Section 2 of Article V, to serve until the next regular election when a successor shall be elected to fill the remainder of the term so as to preserve the system of staggered terms of office. ARTICLE VII POWERS OF THE TRIBAL COUNCIL SECTION 1. ENUMERATED POWERS: The Tribal Council of the Jamestown S'Klallam Tribe shall be authorized to exercise the following powers, subject to any limitations imposed by Federal Law or the Constitution of the United States, and subject further to all express restrictions upon such powers contained in this Constitution: a. To negotiate with the Federal, state and local governments on behalf of the Tribe and to advise and consult with representatives of the Department of the Interior on all activities of the Department that may affect the Jamestown S'Klallam Tribe. b. To employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior as long as such approval is required by Federal Law. c. To approve or veto any sale, disposition, lease, or encumbrance of tribal lands, interest in lands, or other tribal assets; provided, that tribal lands shall neither be encumbered nor sold unless such sale or encumbrance is authorized by Federal Law, nor shall any tribal lands be leased for a period exceeding the time authorized by Federal Law. d. To advise the Secretary of the Interior with regard to all appropriation estimates or Federal projects for the benefit of the Jamestown S'Klallam Tribe prior to the submission of such estimates to the Office of Management and Budget and to Congress. e. To manage all economic affairs and enterprises of the Tribe. f. To appropriate any available funds for tribal purposes. g. To levy taxes on all persons, property and activities within the Tribe's jurisdiction. h. To prescribe conditions upon which non-members may remain within the territory of the Tribe. Such conditions shall be enforced by order of the Tribal Court. i. To enact ordinances and laws governing the conduct of all persons and defining offenses against the Jamestown S'Klallam Tribe; to maintain order and protect the safety, health and welfare of all persons within the Jamestown S'Klallam Tribe's jurisdiction; and to enact any ordinances or laws necessary to govern the administration of justice, and the enforcement of all laws, ordinances or regulations. j. To charter and regulate corporations, cooperatives, associations, special districts, educational, and charitable institutions, political subdivisions and any other organizations. k. To regulate the domestic relations of tribal members within the Tribe's jurisdiction. l. To provide for the Tribal Court to appoint guardians for minors and mental incompetents. m. To regulate and define the duties and procedures of the Tribal Council, of all Tribal Council members and/or subordinate tribal committees and organizations and otherwise establish policies and procedures for tribal governmental personnel. n. To delegate advisory authority to subordinate boards or to cooperative associations which are open to all members of the Tribe regarding any of the enumerated powers of the Tribal Council; provided, that any actions taken by such subordinate boards or cooperative associations shall be effective only when approved by the Tribal Council. o. To purchase, or accept any land or other property for the Jamestown S'Klallam Indian Tribe. p. To request the Secretary of the Interior to confer trust or reservation status on lands granted to or purchased by the Tribe. q. To accept gifts on behalf of the Jamestown S'Klallam Tribe. r. To assert as a defense to lawsuits against the Tribe, and to waive only by express written agreement, the sovereign immunity of the Tribe. s. To develop, manage, protect and regulate the use of water, fish, animals, wildlife, minerals, timber and all other natural resources within the Tribe's jurisdiction. t. To deal with questions concerning the encumbrance, lease, use, management, assignment, zoning, exchange, mortgage, purchase, acquisition, sale, placement in trust and disposal of land and other assets owned by the Tribe or held in trust f or the Tribe; and regulate land use and development in areas within the Tribe's jurisdiction. u. To exercise any power or duty which may now or in the future be delegated to the Tribal Council by the Federal or state government. v. To take any and all actions necessary and proper for the exercise of the foregoing powers and duties and all other powers and duties now or hereafter delegated to or vested in the Tribal Council. SECTION 2. RESERVED POWERS: Notwithstanding the above, the Jamestown S'Klallam Tribe may exercise all other inherent tribal powers not expressly listed without amendment to this Constitution. Such powers may be exercised by the Tribe's registered voters at a validly called meeting of the General Council under this Constitution. ARTICLE VIII TRIBAL COURT The Tribal Court shall consist of one (1) Chief Judge and such Associate Judges and Staff as are deemed necessary by the Tribal Council. The Tribal Court is empowered to exercise all judicial authority of the Tribe. Said authority shall include, but is not limited to, the power to review and overturn tribal legislative and executive actions for violations of this Constitution or of the Federal Indian Civil Rights Act of 1968, as well as to perform all other judicial and court functions. The Tribal Council shall set forth qualifications for the Tribal Court Chief Judge, Associate Judges, and staff positions by ordinance, and shall appoint persons to fill said positions for a term of not less than four (4) years for Chief Judge, not less that two (2) years for Associate Judges. During the tenure of his or her appointment, the Chief Judge, or an Associate Judge may be suspended or dismissed by the General Council only for criminal activity, misconduct, negligence, or absence from duty upon due notice and an opportunity for an open hearing. ARTICLE IX BILL OF RIGHTS The Jamestown S'Klallam Indian Tribe, in exercising powers of self-government, shall not: 1. make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances; 2. violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized; 3. subject any person for the same offense to be twice put in jeopardy; 4. compel any person in any criminal case to be a witness against himself; 5. take any private property for public use without just compensation; 6. deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense; 7. require excessive bail, impose excessive fines, inflict cruel and unusual punishment, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six (6) months or a fine of $500, or both; 8. deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law; 9. pass any bill of attainder or ex post facto law; 10. deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six (6) persons. ARTICLE X AMENDMENTS This Constitution may be amended by a majority vote of the qualified voters of the Tribe voting at an election called for that purpose by the Secretary of the Interior and conducted pursuant to Federal Regulations (25 CFR Part 81); provided, that at least thirty (30%) percent of those entitled to vote shall vote in such election. Amendments shall become effective when approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment upon receipt of a valid petition signed by at least one-third (1/3) of the qualified voters, or by a resolution passed by an affirmative vote of at least three (3) members of the Tribal Council. ARTICLE XI SAVINGS CLAUSE All enactments of the Tribe adopted before the effective date of this Constitution shall continue in effect to the extent that they are consistent with this Constitution. ARTICLE XII RATIFICATION This Constitution, when approved by the Secretary of the Interior and ratified by a majority vote of the qualified voters of the Jamestown S'Klallam Tribe voting in an election called for that purpose by the Secretary of the Interior and conducted pursuant to Federal Regulations (25 CFR Part 81); provided, that at least thirty percent (30%) of those entitled to vote, cast ballots in that election, shall become effective upon the date of such ratification. ARTICLE XIII APPROVAL I, /s/ John W. Fritz, Deputy Assistant Secretary - Indian Affairs (Operations), by virtue of the authority granted to me by 209 D.M. 8.3, do hereby approve this Constitution of the Jamestown S'Klallam Tribe of Indians. It shall become effective upon ratification; provided, that nothing in this approval shall be construed as authorizing any action under this document that would be contrary to Federal Law. /S/ John W. Fritz ------------------------------------- Deputy Assistant Secretary Indian Affairs (Operations) Washington, D.C. Date: AUG 17 1983 c:wpdocs ribeconstitu.issconstitu.dft 10/31/92 10:04am Ron -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to firstname.lastname@example.org http://www.halcyon.com/FWDP/cwiscat.html Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 BBS: 360-786-9629 FAX: 360-956-1087 OCR Provided by Caere Corporation's OmniPage Professional